Act 317 Fisheries Act 1985

Fisheries 1
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LAWS OF MALAYSIA
REPRINT
Act 317
FISHERIES ACT 1985

Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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FISHERIES ACT 1985
Date of Royal Assent ... ... ... … … 22 May 1985
Date of publication in the Gazette … ... 30 May 1985
PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2001
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LAWS OF MALAYSIA
Act 317
FISHERIES ACT 1985
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, application and commencement
2. Interpretation
Part II
ADMINISTRATION
3. Responsibility of Minister
4. Fisheries officers and deputy fisheries officers
5. Inland fisheries officers and deputy inland fisheries officers
Part III
FISHERIES PLANS
6. Preparation of fisheries plans
PART IV
GENERAL LICENSING PROVISIONS
7. Application of this Part

8. Offence for fishing without licence or in contravention of condition or
direction
9. Application for licence or permit in respect of new fishing vessel
10. Conditions in licence and directions
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4 Laws of Malaysia ACT 317
Section
11. Licence in respect of local fishing vessel, fishing stakes, fishing appliance,
fish-aggregation device or marine culture system
12. Non-commencement of fishing operations
13. Refusal to license or suspension or cancellation of licence
14. Period of validity of licence and non-transferability
14A. Presumption in respect of person found on board any local fishing
vessel
PART V
FOREIGN FISHING VESSELS
15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters

16. Passage of foreign fishing vessel through Malaysian fisheries waters
17. Undertaking to be included in international fishery agreement
18. Director General to take account of certain matters in considering
application for permit
19. Permit in respect of foreign fishing vessel
20. Bringing into or having in Malaysian fisheries waters fish taken or
received from foreign fishing vessel
21. Cancellation or suspension of permit
22. Variation of conditions in permit
23. Director General’s decision not reviewable
24. Liability of persons in respect of foreign fishing vessel
PART VI
OFFENCES
25. Offences under Act

26. Fishing with explosives, poisons, etc.
27. Aquatic mammals or turtles in Malaysian fisheries waters
28. Wilful damage to fishing vessel, etc.
29. Destroying incriminating evidence
30. Master and employer liable
31. Compounding of offences
32. Sessions Court and Court of Magistrate of First Class to have full
jurisdiction and powers under Act Adam Haida & Co
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Section
33. Power of court to order cancellation of licence or permit

34. Court may order forfeiture of seized vessel, etc., in certain circumstances
35. Presumption as to maps, plans or charts made by authority of Governments
36. Minister may appoint other persons to be authorized officers
PART VII
TURTLES AND INLAND FISHERIES
37. Promotion of development and management of inland fisheries

38. Power of State Authority and Minister to make rules concerning turtles
and inland fisheries
PART VIII
AQUACULTURE
39. Development of aquaculture

40. Control of live fish
PART IX
MARINE PARKS AND MARINE RESERVES
41. Establishment of marine park or marine reserve

41 A. Establishment of the National Advisory Council for Marine Park and
Marine Reserve and membership
41B. Functions of the National Advisory Council for Marine Park and Marine
Reserve
42. Powers and responsibility of Director General
43. Offence to do certain acts without written permission of Director General
44. Absolute prohibition of certain weapons
45. Power to make regulations
Part X
ENFORCEMENT
46. Powers of authorized officer

47. Powers of entry, seizure and Adam Haida
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Section
47A. Fisheries officer’s power of investigation

47B. Fisheries officer’s power to require attendance of witnesses
47C. Examination of witnesses by fisheries officer
47D. Procedure where investigation cannot be completed within twenty-four
hours by a fisheries officer
48. Sale of fish or other article of a perishable nature
49. Seizure and forfeiture of vessel, etc.
50. Temporary return of vessel, etc., seized
51. Costs of holding vessel, etc., in custody
52. Forfeiture and disposal of vessel, etc.
53. Obstruction of authorized officer
54. Authorized officer to declare office
55. Bar to actions
56. Presumption
PART XI
GENERAL PROVISIONS
57. Service of documents

58. Exemption for certain purposes
59. Registers of licences and permits
60. Exemptions
61. Power of Minister to make regulations
62. Repeal
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LAWS OF MALAYSIA
Act 317
FISHERIES ACT 1985
An Act relating to fisheries, including the conservation, management

and development of maritime and estuarine fishing and fisheries,
in Malaysian fisheries waters, to turtles and riverine fishing in
Malaysia and to matters connected therewith or incidental thereto.
[Except for Part IX in its application

to the State of Sabah—1 January 1986,
P.U. (B) 627/1985]
WHEREAS it is expedient to consolidate and amend the written law

relating to fisheries, including the conservation, management and
development of maritime and estuarine fishing and fisheries, in
Malaysian fisheries waters and to turtles and riverine fishing in
Malaysia;
AND WHEREAS by Clause (1) of Article 74 of the Federal Constitution

Parliament may make laws with respect to any of the matters
enumerated in the Federal List or the Concurrent List, and whereas
fisheries, including maritime and estuarine fishing and fisheries
(excluding turtles), is a matter enumerated in the Federal List
under item 9 of List I of the Ninth Schedule to the Federal Constitution
and maritime and estuarine fishing and fisheries are also matters
enumerated in the Concurrent List under item 12 of List IIIA of
the said Ninth Schedule in respect of the States of Sabah and
Sarawak;
AND W HEREAS by Clause (1)(b) of Article 76 of the Federal

Constitution Parliament may make laws with respect to any matter
enumerated in the State List for the purpose of promoting uniformity
of the laws of two or more States, and whereas turtles and riverine
fishing are matters enumerated in the State List under item 12 of
List II of the Ninth Schedule of the Federal Constitution:
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NOW, THEREFORE, pursuant to the relevant provisions of the Federal
Constitution BE IT ENACTED by the Seri Paduka Baginda Yang
di-Pertuan Agong with the advice and consent of the Dewan Negara
and Dewan Rakyat in Parliament assembled, and by the authority
of the same, as follows:
PART I
PRELIMINARY
Short title, application and commencement
1. (1) This Act may be cited as the Fisheries Act 1985 and shall
apply in Malaysian fisheries waters and, subject to subsection (2),
in riverine waters within the jurisdiction of each of the States in
Malaysia and of the Federation in respect of the Federal Territories
of Kuala Lumpur and Labuan.
(2) This Act shall come into operation on such date as the
Minister may appoint by notification in the Gazette and the Minister
may appoint different dates for the coming into operation of different
provisions of this Act in different areas:
Provided that the provisions of this Act insofar as they relate

to turtles and riverine fishing in any State in Malaysia shall not
come into operation in that State until they have been adopted by
a law made by the Legislature of that State.
Interpretation
2. In this Act, unless the context otherwise requires—
“aquaculture” means the propagation of fish seed or the raising

of fish through husbandry during the whole or part of its life cycle;
“authorized officer” means the Director General, a Deputy Director

General of Fisheries, a fisheries officer, a port officer as defined
in section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70
of 1952], the commanding officer of any Government naval vessel
or Government aircraft, the commanding officer of any Government
marine police vessel or any other person or class of persons appointed
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Fisheries 9
“culture system” means any establishment, structure or facility
employed in aquaculture and includes on-bottom culture, cage
culture, hanging-net culture, pen culture, pond culture, pole or
stick culture, raceway culture, raft culture, rope culture and hatchery;
“Director General” means the Director General of Fisheries

appointed under this Act;
“estuarine waters” means the waters of a river extending from

the mouth of the river—
(a) up to the point upstream penetrated by sea water at neap
tides; and
(b) in the case of the State of Sarawak, up to the limits set
by the Minister, with the concurrence of the State Authority,
in regulations made under this Act;
“exclusive economic zone” means the exclusive economic zone

of Malaysia as determined in accordance with the Exclusive Economic
Zone Act 1984 [Act 311];
“fish” means any aquatic animal or plant life, sedentary or not,

and includes all species of finfish, crustacea, mollusca, aquatic
mammals, or their eggs or spawn, fry, fingerling, spat or young,
but does not include any species of otters, turtles or their eggs;
“fish-aggregation device” means any structure or device of a

permanent or semi-permanent nature made from any material and
used to lure or aggregate fish for the purposes of fishing;
“fish seed” means fish egg or larva or post-larva of fish or the

spawn, fry or fingerling of fish;
“fisheries officer” means a fisheries officer or deputy fisheries

officer appointed under section 4;
“fisheries plan” means any of the plans related to fisheries

prepared by the Director General under Part III;
“fishery” means any one or more stocks of fish which can be

treated as a unit for the purposes of their conservation, management
and development and includes fishing for any such stocks, and
aquaculture;
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“fishing” means—
(a) the catching, taking or killing of fish by any method;
(b) the attempted catching, taking or killing of fish;
(c) engaging in any activity which can reasonably be expected
to result in the catching, taking or killing of fish; or
(d) any operation in support of, or in preparation for, any
activity described in paragraph (a), (b) or (c) of this
definition;
“fishing appliance” includes a fishing net, a fishing trap, and

any gear, with or without floats, buoys or sinkers, designed for
capturing fish but does not include—
(a) any such gear of the hook-and-line type having not more
than two hooks; and
(b) a cast net of the type known as “jala”;
“fishing stakes” means any device used for fishing which is

made up of poles or other supports fixed into the ground and
enclosed by ramie, rattan, wire or other screening material and so
designed as to lead fish into such device;
“fishing vessel” means any boat, craft, ship or other vessel

which is used for, equipped to be used for, or of a type used for—
(a) fishing;
(aa) aquaculture; or
b) aiding or assisting any other boat, craft, ship or other
vessel in the performance of any activity related to fishing,
including any of the activities of preparation, processing,
refrigeration, storage, supply or transportation of fish;
“foreign fishing vessel” means any fishing vessel other than a

local fishing vessel;
“inland fisheries” means fisheries in riverine waters;
“inland fisheries officer” means an inland fisheries officer or a

deputy inland fisheries officer appointed under section 5;
“internal waters of Malaysia” means any areas of the sea that are
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the territorial sea of Malaysia is measured;
Fisheries 11
“international fishery agreement” means any bilateral or multilateral
treaty or agreement, which relates to fishing or fisheries, between
the Government of Malaysia and the government of any other
country or between the Government of Malaysia and any competent
international organization;
“local fishing vessel” means any fishing vessel—

(a) which is not registered outside Malaysia and which is
wholly owned by—
(i) a natural person who is a citizen or natural persons
who are citizens of Malaysia;
(ii) a statutory corporation established under any of the
laws of Malaysia;
(iii) the Government of Malaysia or the Government of
a State in Malaysia; or
(iv) a body corporate or unincorporate established in
Malaysia, and wholly owned by any of the persons
described in subparagraph (i), (ii) or (iii) or this
definition; or
(b) which is chartered, subchartered, leased or subleased by

any person, statutory corporation, Government or body
corporate described under subparagraph (a)(i), (a)(ii),
(a)(iii) or (a)(iv) of this definition;
“Malaysian fisheries waters” means maritime waters under the

jurisdiction of Malaysia over which exclusive fishing rights or
fisheries management rights are claimed by law and includes the
internal waters of Malaysia, the territorial sea of Malaysia and the
maritime waters comprised in the exclusive economic zone of
Malaysia;
“marine park” or “marine reserve” means any area or part of an

area in Malaysian fisheries waters established as a marine park or
marine reserve under Part IX for the purposes specified in that
Part;
“maritime waters” means areas of the sea adjacent to Malaysia,

both within and outside Malaysian fisheries waters and includes
estuarine waters, and any reference to marine culture system, fishing
or fisheries shall be construed as referring
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“master”, in relation to a fishing vessel, includes every person
(except a pilot or port officer as defined in section 2 of the Merchant
Shipping Ordinance 1952) having for the time being command or
charge of the vessel, or lawfully acting as the master thereof;
“Minister” means the Minister of the Federal Government who

is for the time being charged with the responsibility for fisheries;
“owner”, in relation to a fishing vessel, means any person or

body of persons, whether corporate or unincorporate, by whom the
vessel is owned and includes any charterer, sub-charterer, lessee
or sub-lessee of the vessel;
“person” includes any individual (whether or not a citizen of

Malaysia), any body corporate, partnership, association, or other
entity, established within or out-side Malaysia, the Federal or any
State Government, a local authority or foreign government, or any
entity belonging thereto;
“pollutant” means any substance which, if introduced into the

maritime or any riverine waters, is liable to create hazards to
human health or to harm aquatic living resources, or to damage
amenities or interfere with other legitimate use of the maritime or
riverine waters and, without limiting the generality of the foregoing,
includes any substance that is prescribed by the Minister by order
in the Gazette to be a pollutant for the purposes of this Act;
“processing”, in relation to fish, includes cleaning, filleting,

icing, freezing, canning, salting, smoking, cooking, pickling, drying
or otherwise preserving or preparing fish by any method;
“riverine fishing” means fishing in riverine waters;
“riverine waters” means the waters of any rivers, lakes, streams,

ponds and such other waters in Malaysia other than maritime
waters, whether natural or man-made, privately owned or otherwise;
“sedentary species” means organisms which, at the harvestable

stage, either are immobile on or under the seabed or are unable
to move except in constant physical contact with the seabed or the
subsoil;
“State Authority” means the authority in any State in Malaysia

responsible for inland fisheries;
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“territorial sea of Malaysia” means the territorial waters of Malaysia
determined in accordance with the Emergency (Essential Powers)
Ordinance No. 7 1969 [P.U. (A) 307A/1969];
“this Act” includes regulations and other subsidiary legislation

made under this Act and anything else done under this Act or
under such regulations or other subsidiary legislation, and any
reference to a provision of this Act shall be construed accordingly.
“traditional fishing appliance” means any fishing appliance

enumerated hereunder operated with the use of a non-motorized
fishing vessel or a motorized fishing vessel of not more than forty
gross registered tonnage:
(a) trap;
(b) hook-and-line;
(c) drift net or gill net;
(d) seine net;
(e) hand liftnet;
(f) bagnet or stow net; and
(g) barrier net.
PART II
ADMINISTRATION
Responsibility of Minister
3. (1) The Minister shall be responsible for all matters relating

to fisheries, including the conservation, management and development
of maritime and estuarine fishing and fisheries, in Malaysian fisheries
water, to turtles and inland fisheries in the Federal Territories of
Kuala Lumpur and Labuan and to turtles in waters outside the
jurisdiction of any State in Malaysia.
(2) The Yang di-Pertuan Agong may appoint a Director General

of Fisheries and the Minister may appoint such Deputy Directors
General of Fisheries as may be necessary, for implementing the
provisions of this Act except, subject to subsection (1), the provisions
relating to turtles and inland fisheries in the &States
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(3) The Director General shall be responsible for the general
supervision of all matters relating to fisheries under this Act except,
subject to subsection (1), matters relating to turtles and inland
fisheries in the States of Malaysia.
(4) The Director General may, in writing, delegate the exercise

of any or all of the powers and functions conferred upon him by
this Act to such fisheries officers or deputy fisheries officers as
he may think fit.
Fisheries officers and deputy fisheries officers
4. The Minister may appoint such fisheries officers and deputy

fisheries officers as may be necessary for implementing the provisions
of this Act except, subject to subsection 3(1), the provisions relating
to turtles and inland fisheries in the States of Malaysia.
Inland fisheries officers and deputy inland fisheries officers
5. Subject to subsection 3(1), the State Authority may appoint

such inland fisheries officers and deputy inland fisheries officers
as may be necessary for implementing the provisions of this Act
insofar as they relate to turtles and inland fisheries in the States
of Malaysia.
PART III
FISHERIES PLANS
Preparation of fisheries plans
6. (1) The Director General shall prepare and keep under continual
review fisheries plans based on the best scientific information
available and designed to ensure optimum utilization of fishery
resources, consistent with sound conservation and management
principles and with the avoidance of overfishing, and in accordance
with the overall national policies, development plans and programmes.
(2) Each plan and each modification or revision thereof shall

be implemented after approval by the Minister.
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(3) All development within the fisheries industry shall conform
generally with the management and conservation policies described
in the fisheries plans.
PART IV
GENERAL LICENSING PROVISIONS
Application of this Part
7. The provisions of this Part shall apply in respect of every

licence issued under this Act but shall not, except as hereinafter
provided, apply in respect of any permit issued under Part V.
Offence for fishing without licence or in contravention of condition

or direction
8. Any person who undertakes any fishing activity, operates, or

allows to be operated, in Malaysian fisheries waters any local
fishing vessel for the purpose of fishing—
(a) without a valid licence issued under this Part;
(b) in contravention of any condition in the licence issued
in respect of such vessel; or
(c) in contravention of any direction in writing issued by the
Director General under this Act,
shall be guilty of an offence.
Application for licence or permit in respect of new fishing

vessel
9. (1) An application for a licence under this Part or for a permit

under Part V in respect of any new fishing vessel shall be made
to the Director General before construction of the vessel is
commenced, and shall be accompanied by such plans, specifications
or other information as the Director General may require or as may
be prescribed in regulations made under this Act.
(2) The applicant may proceed with the construction of the new
fishing vessel upon receiving written approval so to do from the
Director General subject to suchAdam Haida including
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in respect of the horsepower, size and tonnage of the vessel, or
disposal of any existing fishing vessel, as may be specified in the
approval.
(3) The Director General may refuse to issue a licence in respect

of any new fishing vessel which was not constructed with approval,
and in accordance with the conditions specified, under subsection
(2).
(4) Where under a fisheries plan it is provided that no licence

under this Part or permit under Part V shall be issued in respect
of a new fishing vessel for a specific type of fisheries unless such
new fishing vessel is in replacement of a fishing vessel already
issued with such licence or permit for such type of fisheries, the
Director General shall not issue a licence or permit in respect of
the new fishing vessel until the existing fishing vessel is disposed
of in accordance with his directions.
Conditions in licence and directions
10. (1) The Director General shall in issuing a licence under this
Part impose such conditions as he thinks fit which shall include
conditions relating to the following matters:
(a) the permanent marking of the fishing vessel with such
letters and numbers or other means of identification as
may be assigned to it by the Director General in such
manner as may be prescribed in regulations made under
this Act;
(b) the nationality and number of persons to be employed or
carried on the fishing vessel; and
(c) in addition to complying with the requirement of any
other written law that may be applicable, the requirement
that a person who is not a Malaysian citizen shall not
engage in any fishing activity related to the fishing vessel
without the written approval of the Director General.
(2) Where he is satisfied that it is necessary or expedient for

the proper management of fisheries so to do, the Director General
may from time to time vary the conditions of a licence issued
under this Part but due notice of such intended variation shall be
given to the licensee who shall, if he so desires, have the right to
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General may allow.
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Fisheries 17
(3) A certificate by the Director General stating that any condition
in a licence was imposed or any variation thereof was made for
the proper management of fisheries shall be conclusive proof thereof
in any legal proceedings.
(4) (a) The Director General may from time to time by notice
in the Gazette issue directions in relation to the proper management
of fisheries to be complied with by every person to whom they are
applicable.
(b) Such directions shall also be displayed in such public places

and for such period of time as the Director General may determine.
Licence in respect of local fishing vessel, fishing stakes, fishing

appliance, fish-aggregation device or marine culture system
11. (1) The Director General may, upon application and upon
payment of the prescribed fee and payment of any prescribed
deposit, issue a licence in respect of any local fishing vessel,
fishing stakes, fishing appliance, fish-aggregation device or marine
culture system, subject to such conditions as he thinks fit to impose
or which may be prescribed in regulations made under this Act.
(2) No licence shall be issued in respect of any fishing stakes,

fishing appliance, fish-aggregation device or marine culture system
which causes or is likely to cause any obstruction to navigation
or any impediment to the natural flow of water in Malaysian
fisheries waters.
(3) Any person who, in Malaysian fisheries waters—

(a) operates, or allows to be operated, any fishing stakes,
fishing appliance, fish-aggregation device or marine culture
system without a licence in respect thereof;
(b) has under his control or in his possession any fishing
appliance without a licence in respect thereof;
(c) sets up, or causes to be set up, any fishing stakes, fishing
appliance or fish-aggregation device without written
permission from the Director General prior to the issue
of a licence in respect thereof; or
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(d) constructs or establishes any marine culture system without
written permission from the Director General prior to the
issue of a licence in respect thereof,
(4) For the purpose of subsection (3), any part of a fishing

appliance shall be construed as a complete fishing appliance unless
proven otherwise.
Non-commencement of fishing operations
12. (1) The Director General may cancel any licence or permit
issued under this Act if after three months from the date of its issue
fishing operations to which the licence or permit relates have not
commenced, and the licensee or permit holder shall surrender his
licence or permit immediately after being notified of such cancellation.
(2) Before the Director General makes a decision to cancel

such licence or permit, the licensee or permit holder concerned
shall be given the opportunity to show cause why his licence or
permit should not be cancelled.
Refusal to license or suspension or cancellation of licence
13. (1) The Director General may refuse to issue or renew any
licence under this Act or may cancel, or suspend for such period
as he thinks fit, any licence issued under this Act where he is
satisfied that it is necessary so to do for the proper management
of any particular fishery in accordance with the fisheries plan
applicable to that fishery and with any directions issued by the
Director General in the implementation of that plan.
(2) The Director General shall refuse to issue a licence in

respect of any local fishing vessel in any of the following cases:
(a) where the vessel is required to be registered under the
law relating to merchant shipping but has not been so
registered;
(b) where the vessel is required to have a valid certificate of
inspection issued in respect of it under the law relating
to merchant shipping but doesAdam
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have such certificate;
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Fisheries 19
(c) where the vessel is not seaworthy and not fit for the
purpose of fishing or does not comply with such
requirements as may be applicable to it in respect of
navigation, manning standards or safety at sea under this
Act or any other law or under any convention to which
Malaysia is a party.
(3) The Director General may refuse to issue or to renew any

licence under this Act or may cancel, or suspend for such period
as he thinks fit, any licence issued under this Act where there has
been a breach of any of the provisions of this Act or any of the
conditions of the licence.
(4) Any person aggrieved by the refusal of the Director General

to issue or renew any licence under this Act or by the suspension
or cancellation of any licence issued under this Act may appeal
to the Minister in the prescribed manner against such refusal,
suspension or cancellation within a period of thirty days after the
date of such refusal, suspension or cancellation.
(5) The Minister may, after hearing the appeal, make such
order thereon as he deems fit and that order shall be final.
(6) Any order made under subsection (5) shall take into account
any scheme for the limitation of fishing effort for which provision
is made in any fisheries plan referred to in Part III.
Period of validity of licence and non-transferability
14. (1) Any licence issued under this Act shall, unless suspended
or cancelled or unless otherwise specified in such licence, be valid
for a period of not more than twelve calendar months from the date
of issuance of such licence.
(1A) Subsection (1) shall not apply to any licence issued before
the date of coming into force of that subsection, and any licence
in force on such date shall continue to be in force for the remaining
period of its validity.
(2) (a) Any person who modifies or changes, or permits to be

modified or changed, the horsepower, size or tonnage of a licensed
fishing vessel or the fishing appliance which it is licensed to
operate without the written permission of the Director General
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(b) The Director General shall refuse permission for a licensed
fishing vessel or fishing appliance to be modified or changed
unless he is satisfied that it is necessary so to do for the proper
management of any particular fishery.
(3) (a) Any licence issued under this Act in respect of a fishing
vessel, fishing stakes, a fishing appliance, fish-aggregation device
or marine culture system shall be valid for that or those particular
fishing vessel, fishing stakes, fishing appliance, fish-aggregation
device or marine culture system and shall not be used for any other
fishing vessel, fishing stakes, fishing appliance, fish-aggregation
device or marine culture system, and such licence shall at all times
be visibly displayed on or visibly attached to the fishing vessel,
fishing stakes, fishing appliance, fish-aggregation device or marine
culture system.
(b) Where any fishing vessel uses the letters, numbers or other
means of identification of another fishing vessel, the owner, master
and every member of the crew of the fishing vessel using such
letters, numbers or other means of identification shall each be
guilty of an offence.
(4) (a) Subject to paragraph (aa), any licence or permit in

respect of a fishing vessel, fishing stakes, a fishing appliance, fish-
aggregation device or marine culture system shall be issued under
this Act in the name of the applicant for such licence or permit
and shall not be transferable.
(aa) Notwithstanding paragraph (a), the Director General may,

upon an application, allow the transfer of any licence or permit
referred to under that paragraph where he is satisfied that the
applicant is a person who would otherwise qualify to hold such
licence or permit under this Act.
(b) Any person who uses any licence or permit issued in the
name of any other person under this Act shall be guilty of an
offence.
(5) Where a fishing vessel which has been licensed as a local

fishing vessel ceases to be a local fishing vessel, its licence shall
lapse forthwith and shall be deemed to be cancelled.
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Presumption in respect of person found on board any local
fishing vessel
14A. For the purpose of this Part, where any person not being
a Malaysian citizen is found on board any local fishing vessel in
Malaysian fisheries waters, such person shall be presumed, unless
the contrary is proven, to be a crew member of such fishing vessel.
PART V
FOREIGN FISHING VESSELS
Fishing, etc., by foreign fishing vessel in Malaysian fisheries

waters
15. (1) Subject to subsection (2), no foreign fishing vessel shall

do any of the following in Malaysian fisheries waters:
(a) fish or attempt to fish; or
(b) subject to subsection (1A) conduct any techno-economic
research or survey of any fishery,
unless authorized so to do under an international fishery agreement

in force between the Government of Malaysia and the government
of the country, or between the Government of Malaysia and the
international organization, to which such vessel belongs or in
which such vessel is registered, as the case may be, and under a
permit issued under section 19.
(1A) Notwithstanding paragraph (1)(b), a foreign fishing vessel

may conduct any techno-economic research or survey of any fishery
in the Malaysian fisheries waters subject to the general directions
of the Director General and the following conditions, that is:
(a) there is in respect of the conduct of such research or
survey an agreement between a Malaysian citizen and
such person to whom such foreign fishing vessel belongs;
(b) the conduct of such research or survey shall be under the
general directive of the Director General; and
(c) any data and findings of such research or survey shall be
made available to the Director General in such manner
and at such frequency as he may prescribe.
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(2) No foreign fishing vessel shall load or unload any fish, fuel
or supplies or tranship any fish in Malaysian fisheries waters
without the written approval of the Director General.
Passage of foreign fishing vessel through Malaysian fisheries

waters
16. (1) Subject to subsections (2) and (3) a foreign fishing vessel
may enter Malaysian fisheries waters, for the purpose of passage
through such waters in the course of a voyage to a destination
outside such waters.
(2) Such passage, which shall be exercised in accordance with

rules of international law of the sea relating to the relevant maritime
regime applicable to such Malaysian fisheries waters, includes
stopping and anchoring only—
(a) if the vessel is in distress;
(b) for the purpose of obtaining emergency medical assistance
for a member of its crew; or
(c) to render assistance to persons, ships or aircraft in danger
or distress.
(3) The master of a foreign fishing vessel entering Malaysian

fisheries waters for the purpose mentioned in subsection (1) shall
notify by radio, telex or facsimile in the English or Malay Language
an authorized officer of the name, the flag State, location, route
and destination of the vessel, the types and amount of fish it is
carrying and of the circumstances under which it is entering Malaysian
fisheries waters.
(4) Every foreign fishing vessel entering Malaysian fisheries

waters for the purpose mentioned in subsection (1) shall—
(a) without prejudice to the requirement to observe any other
law of Malaysia which may be applicable, observe such
regulations as may be made under section 61, including
regulations regarding the stowage of fishing appliances;
and
(b) return to a position outside such waters as soon as the
purpose for which it entered such waters has been fulfilled.
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Fisheries 23
Undertaking to be included in international fishery agreement
17. Every international fishery agreement referred to in section

15 shall include an undertaking by the government of the country,
or by the international organization, which is a party to the agreement
with the Government of Malaysia to comply or ensure compliance
by its fishing vessels with the provisions of this Act.
Director General to take account of certain matters in considering

application for permit
18. (1) The Director General shall in considering an application

for a permit under section 19 in respect of a foreign fishing vessel
take into account the following matters:
(a) the needs of Malaysian fishermen and the provisions of
the fisheries plans referred to in Part III;
(b) the extent of co-operation given and contributions made
by the relevant country or relevant international organization
towards fishery research, identification of fish stocks,
the conservation, management and development of fishery
resources within Malaysian fisheries waters, and compliance
with the laws of Malaysia relating to such resources by
the country or international organization;
(c) the assistance given by the applicant, relevant country or
international organization in the development of the fishing
industry of Malaysia, in the training of Malaysian personnel
and the transfer of technology to the fishing industry of
Malaysia;
(d) the terms of any relevant international fishery agreement
in force; and
(e) the reciprocity of treatment given to local fishing vessels
by the relevant country or relevant international
organization.
(2) In this section, “relevant country” means the country or

territory in which the foreign fishing vessel is registered or to
which it belongs, and “relevant international organization” means
the international organization to which the foreign fishing vessel
belongs.
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Permit in respect of foreign fishing vessel
19. (1) (a) Any application to the Director General for a permit
to be issued in respect of a foreign fishing vessel to fish in Malaysian
fisheries waters shall be made through a Malaysian agent who
shall undertake legal and financial responsibility for the activities
to be carried out by such vessel.
(b) Notwithstanding paragraph (1)(a), the Director General may

require the payment of such sum of money as he may specify by
way of security for the activities to be carried out by such vessel.
(2) Subject to section 21, any permit issued under this section
shall be valid for a maximum period of one year and shall be
subject to such conditions, and the payment of such sum of money,
as the Director General may specify, in addition to the payment
of such sum of money as may be required under paragraph (1)(b)
and such fees as may be prescribed in regulations made under this
Act.
(3) Without prejudice to paragraph (1)(a), any sum of money

paid as security under paragraph (1)(b) may be utilized to pay or
defray any fine or claim which may be imposed or arise as a result
of or through the activities of the foreign fishing vessel and the
balance of such sum of money, if any, shall be refunded on the
expiry or cancellation of the permit.
(4) The conditions which may be imposed by the Director

General under subsection (2) may include, and in the case of
paragraph (t) shall include, but shall not be limited to, conditions
concerning all or any of the following matters:
(a) the areas within which fishing is authorized;
(b) the period during which fishing is authorized;
(c) the species, age, length, weight and quantity of fish that
may be retained on board the foreign fishing vessel,
landed in Malaysia or transhipped;
(d) the methods by which fish may be taken;
(e) the types, sizes and numbers of fishing appliances that
may be used or carried by a foreign fishing vessel and
the mode of storage of the appliances when not in use;
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Fisheries 25
(f) the transfer, transhipment, landing and processing of fish
taken;
(g) entry by the foreign fishing vessel into Malaysian ports,
whether for the inspection of its catch or for any other
purpose;
(h) statistical and other information required to be given by
the foreign fishing vessel to the Government of Malaysia,
including statistics relating to its catch and fishing effort
and regular reports as to the position of the vessel;
(i) the conduct by the foreign fishing vessel of a specified
programme of fisheries research in Malaysian fisheries
waters and the regulation of such research, including the
compiling of data as to catches, the disposition of samples
and the reporting of associated scientific data;
(j) the training of Malaysians in the methods of fishing
employed by the foreign fishing vessel and in other related
fields, the employment of Malaysians on the foreign fishing
vessel and the transfer to Malaysia of appropriate
technology relating to fisheries;
(k) the keeping and displaying on board the permit issued in
respect of the foreign fishing vessel;
(l) the permanent marking of the foreign fishing vessel with
such letters, numbers or other means of identification as
may be specified by the Director General;
(m) compliance by the foreign fishing vessel with directions,
instructions and other requirements given or made by
ships, other vessels or air craft belonging to the Government
of Malaysia;
(n) the placing of observers on the foreign fishing vessel and
the reimbursement to the Government of Malaysia by the
permit holder of the costs of doing so;
(o) the installation on the foreign fishing vessel and
maintenance in working order of a transponder or other
equipment for the identification and ascertainment of the
location of the vessel and of adequate navigational
equipment to enable the position of the vessel to be
fixed;
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(p) construction of shore-based facilities related to fisheries;
(q) the carriage on board the foreign fishing vessel of such
communication equipment, nautical charts, nautical
publications and nautical instruments as may be specified;
(r) adequate protection of local and traditional fisheries and
the compensation payable to Malaysian citizens, the
Government of Malaysia or the Government of a State
in Malaysia for any loss or damage caused by the foreign
fishing vessel to fishing vessels, fishing appliances or
catch belonging to Malaysian citizens or any such
Government or to fish stocks;
(s) the landing of all or any part of their catch by foreign
fishing vessels in Malaysia;
(t) the composition and nationality of members of the crew
of a foreign fishing vessel and the requirement for
compliance with paragraph 10(1)(c);
(u) inspection of the foreign fishing vessel as to class and
seaworthiness and manning requirements;
(v) fees, royalties, charges or any other payments by the
foreign fishing vessel;
(w) the maintenance of a log and sales records of fish taken
by the foreign fishing vessel; and
(x) such other matters as the Director General may consider
necessary or expedient for the implementation of this
Part.
(5) Where there is a breach of any condition of the permit

issued in respect of a foreign fishing vessel—
(a) its owner and master shall each be guilty of an offence
and liable to a fine not exceeding one hundred thousand
ringgit each; and
(b) every member of the crew of that vessel shall also be
guilty of an offence and liable to a fine not exceeding
five thousand ringgit each.
(6) No permit issued under this section shall relieve the owner,
master or member of the crew of any foreign fishing vessel from
any obligation or requirement to comply
Adamwith any&law
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Fisheries 27
Bringing into or having in Malaysian fisheries waters fish taken
or received from foreign fishing vessel
20. Any person who brings into or has in his possession, custody
or control in Malaysian fisheries waters fish taken or received
from a foreign fishing vessel shall, unless he is authorized in
writing so to do by the Director General, be guilty of an offence.
Cancellation or suspension of permit
21. (1) The Director General may cancel or suspend any permit—
(a) where there has been any contravention of any provision
of this Act or any condition in the permit; or
(b) where he is satisfied that such action is necessary or
expedient for the proper management of fisheries.
(2) Where any permit has been cancelled or suspended under

paragraph (1)(b), the proportion of any fees paid for the permit
representing the unexpired period of the permit shall be reimbursed
to the permit holder but there shall be no such reimbursement
whatsoever where the permit has been otherwise cancelled or
suspended.
Variation of conditions in permit
22. Where he is satisfied that it is necessary or expedient for the

proper management of fisheries so to do, the Director General may
from time to time vary the conditions of a permit issued under this
Part but due notice of such intended variation shall be given to the
permit holder who shall, if he so desires, have the right to be heard
within such period as the Director General may allow.
Director General’s decision not reviewable
23. The decision of the Director General under section 21 or 22

shall not be reviewable or called into question in any court on the
ground that such decision was not necessary or expedient for the
proper management of fisheries.
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Liability of persons in respect of foreign fishing vessel
24. (1) Where there has been a contravention of any provision
of this Part or subsidiary legislation made for the purposes of this
Part, the owner, master and every member of the crew of the
foreign fishing vessel concerned shall each be guilty of an offence.
(2) In this Part and in such subsidiary legislation, “member of

the crew” does not include any personnel or observer who is a
citizen of Malaysia and who is on the foreign fishing vessel pursuant
to a condition of the permit issued in respect of such vessel.
(3) For the purpose of any offence under this Part the onus of
proving that a fishing vessel is not a foreign fishing vessel shall
lie with the person charged with the offence in relation to which
the issue arises.
PART VI
OFFENCES
Offences under Act

25. Any person who contravenes or fails to comply with any
provision of this Act shall be guilty of an offence and where no
special penalty is provided in relation thereto, such person shall
be liable—
(a) where the vessel concerned is a foreign fishing vessel or
the person concerned is a foreign national, to a fine not
exceeding one million ringgit each in the case of the
owner or master, and one hundred thousand ringgit in the
case of every member of the crew;
(b) in all other cases, to a fine not exceeding *twenty thousand
ringgit or a term of imprisonment not exceeding two
years or both.
Fishing with explosives, poisons, etc.

26. (1) Any person who—
(a) uses or attempts to use any explosive, poison or pollutant,
or any apparatus utilizing an electric current, or any
prohibited gear, for the purpose of killing, stunning,
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*NOTE—Previously “fifty thousand ringgit”–see the Fisheries (Amendment) Act 1993 [Act A854].
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Fisheries 29
disabling or catching fish, or in any other way rendering
such fish more easily caught;
(b) carries or has in his possession or under his control any
explosive, poison or pollutant, or any apparatus utilizing
an electric current, or any prohibited gear, with the intention
of using such explosive, poison or pollutant, or apparatus,
or prohibited gear, for any of the purposes referred to in
paragraph (a); or
(c) knowing or having reasonable cause to believe that any
fish is a prohibited species or has been taken in
contravention of the provisions of this Act, receives or
is found in possession of such fish,
(2) Any explosive, poison, pollutant, apparatus or gear referred

to in subsection (1) found in the possession or under the control
of any person shall be presumed to be intended to be used for any
of the purposes referred to in paragraph (1)(a) unless the contrary
is proved.
Aquatic mammals or turtles in Malaysian fisheries waters
27. (1) No person shall fish for, disturb, harass, catch or take any
aquatic mammal or turtle which is found beyond the jurisdiction
of any State in Malaysia.
(2) The provisions of the relevant State law shall apply in

respect of aquatic mammals and turtles which are found within
such jurisdiction.
(3) Where any aquatic mammal or turtle which is found beyond

such jurisdiction is caught or taken unavoidably during fishing,
such aquatic mammal or turtle shall, if it is alive, be released
immediately or, if it is dead, the catching or taking thereof shall
be reported to a fisheries officer and the aquatic mammal or turtle
shall be disposed of in accordance with his directions.
(4) Any person who contravenes subsection (1) or subsection

(3) shall be guilty of an offence and shall be liable to a fine not
exceeding five thousand ringgit.Adam Haida & Co
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Wilful damage to fishing vessel, etc.
28. Any person who wilfully damages or destroys any fishing

vessel, fishing stakes, fishing appliance, fish-aggregation device
or marine culture system shall be guilty of an offence.
Destroying incriminating evidence
29. Any person who destroys or abandons any fish, aquatic mammal,
turtle, fishing appliance, explosives, poison, pollutant, apparatus,
prohibited gear or any other thing, with intent to avoid its seizure
or the detection of any offence under this Act shall be guilty of
an offence.
Master and employer liable
30. (1) Where an offence under this Act has been committed by
any person on board a fishing vessel, the master and owner of such
vessel shall each also be deemed to be guilty of that offence.
(2) Where an offence under this Act has been committed by a

company, partnership, firm or business, every director and every
officer of that company directly connected with the activity resulting
in the commission of the offence, every member of that partnership
and every person concerned with the management of that firm or
business shall each be guilty of that offence.
Compounding of offences
31. (1) Subject to the following subsections, any fisheries officer

may compound any offence under this Act for a sum not below
five hundred ringgit and not exceeding the maximum fine for that
offence, provided that it is a first, second or third offence only:
Provided further that for any offence under subsection 43(1) the
compound shall not be less than one hundred ringgit.
(2) Any offence committed in contravention of paragraph 8(a),

subsections 11(3), 15(1) or section 16 read with section 25 or 26
is not compoundable.
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Fisheries 31
(3) Notwithstanding subsections (1) and (2), any fisheries officer
may compound any offence under subsection 11(3) where the
fishing appliance in relation to which such offence is committed
is a traditional fishing appliance, for a sum not below five hundred
ringgit and not exceeding the maximum fine for that offence.
(4) Where a fishing appliance is the subject matter of any

offence compounded under subsection (1), such fishing appliance
may be confiscated and disposed of as directed by the Director
General.
(5) Where any offence committed under this Act has been
compounded in accordance with this section, the Director General
shall direct that any article of a perishable nature which is the
subject matter of any offence be sold and the proceeds of the sale
forfeited.
Sessions Court and Court of Magistrate of First Class to have

full jurisdiction and powers under Act
32. (1) Notwithstanding any written law to the contrary, any

offence committed under this Act shall be deemed to have been
committed in Malaysia for the purpose of conferring jurisdiction
on a court to try that offence, and a Sessions Court or a Court of
a Magistrate of the First Class shall each have full jurisdiction and
powers for all purposes under this Act.
(2) Subsection (1) shall not be construed as derogating in any

way from the jurisdiction and powers of the High Court to try any
offence under any written law.
(3) Any proceedings under this Act shall be brought before the
Sessions Court or the Court of a Magistrate of the First Class
which is nearest the place where the offence under this Act was
committed or which is located in the most convenient place for
trial in the circumstances of the case, as determined by the Public
Prosecutor.
(4) This section shall be without prejudice to the Criminal

Procedure Code [Act 593] relating to the transfer of cases.
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Power of court to order cancellation of licence or permit
33. (1) Where any person is charged with and found guilty of an
offence under this Act the court shall, in addition to any other
penalty that may be imposed, order that any licence or permit
issued under this Act in relation to which the offence has been
committed be cancelled.
(2) Where any person to whom a licence or permit has been

issued under this Act is charged with and found guilty of a second
or subsequent offence under this Act, the court shall, in addition
to any other penalty that may be imposed, direct that such person
be disqualified from holding a licence or permit under this Act for
a period not exceeding five years, and such person shall be guilty
of an offence if he obtains or attempts to obtain any licence or
permit under this Act while he is so disqualified.
Court may order forfeiture of seized vessel, etc., in certain

circumstances
34. Where it is proved to the satisfaction of a court that any

vessel, vehicle, article or thing seized under this Act was the
subject matter of, or was used in the commission of, an offence
under this Act, the court may order the forfeiture of such vessel,
vehicle, article or thing notwithstanding that no person may have
been found guilty of such offence.
Presumption as to maps, plans or charts made by authority of

Governments
35. (1) For the purposes of this Act, the court shall presume that
maps, plans or charts purporting to be made by the authority of—
(a) the Federal Government;
(b) the Government of any State in Malaysia; or
(c) the Government of a “State” as defined in section 2 of
the Exclusive Economic Zone Act 1984 and approved by
the Federal Government or the Government of any State
in Malaysia for use,
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Fisheries 33
(2) For the purpose of paragraph (1)(c), a certificate issued by
the Minister responsible for survey and mapping or the Minister
responsible for defence stating that a map, plan or chart has been
approved by the Federal Government or the Government of any
State, as the case may be, shall, in any legal proceeding, be conclusive
proof of the fact so stated.
Minister may appoint other persons to be authorized officers
36. Without prejudice to the definition of “authorized officer” in

section 2, the Minister may, by order in the Gazette, appoint such
other person or class of persons as he may consider necessary to
be an authorized officer or authorized officers for the purposes of
this Act.
PART VII
TURTLES AND INLAND FISHERIES
Promotion of development and management of inland fisheries
37. The Director General may, in consultation with the State

Authority concerned, promote the development and rational
management of inland fisheries through—
(a) the conduct or co-ordination of research;
(b) the provision and maintenance of experimental and
demonstration aquaculture stations, fish-breeding stations
and training centres;
(c) the provision of advice and technical assistance to the
appropriate authorities of the State;
(d) the provision of publicity and demonstration facilities
and other connected services; and
(e) the provision of advice on measures for the prevention
of fish diseases.
Power of State Authority and Minister to make rules concerning

turtles and inland fisheries
38. (1) The State Authority or, in respect of the Federal Territories
of Kuala Lumpur and Labuan,Adam the Haida & Co
Minister may make rules
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specifically or generally for the proper conservation, development,
management and regulation of turtles and inland fisheries in any
State in Malaysia or in the Federal Territories of Kuala Lumpur
and Labuan, as the case may be, and may, in particular, make rules
for all or any of the following purposes:
(a) to promote and regulate aquaculture in riverine waters
and, in particular, provide for the leasing and licensing
of lakes, swamps, mining pools and other pools and land
and other areas for the cultivation of fish, prescribe
standards for the construction and operation of aquaculture
establishments (including the size and depth of ponds),
measures for the prevention of fish diseases and controls
over particular species of fish which may be produced by
cultivation;
(b) to provide for the licensing, regulation and management
of any particular inland fishery and for the management
of turtles;
(c) to provide for the licensing of fishing vessels and fishing
appliances operating or in use in riverine waters;
(d) to regulate or prohibit any method of fishing in riverine
waters or the use or possession of certain types of traps
or nets, and to prescribe minimum mesh sizes for fishing
nets;
(e) to regulate or prohibit the erection, maintenance, marking
and operation of fishing stakes in riverine waters;
(f) to prescribe the minimum weights and sizes of fish which
may be caught in riverine waters for the purpose of sale,
processing, consumption or sport, or to prohibit fishing
for any prescribed species of fish;
(g) to prescribe closed seasons for fishing in any designated
area, fishing for certain species of fish or fishing using
certain methods of fishing in riverine waters;
(h) to designate prohibited areas for fishing for all or certain
species of fish or fishing using certain methods of fishing
in riverine waters;
(i) to designate persons by name or office to be licensing
officers under this Part and to prescribe the powers to be
exercised by such officers andAdam byHaida
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Fisheries 35
inland fisheries officers, as the case may be, with respect
to turtles and inland fisheries;
(j) to prescribe condition and procedures for application for
any permit, licence, certificate or other document required
under rules made under this Part relating to turtles and
inland fisheries the form thereof and the amount of fees
and deposits payable therefor;
(k) for the purpose of the conservation of fish in riverine
waters, to regulate and control the construction of any
slides, dams or other obstruction, or the removal of sand
or gravel or other alteration to the natural environment
or habitat of fish;
(l) to prescribe penalties for offences; and
(m) to designate, prescribe, promote, provide or regulate any
other matter for the proper conservation, development,
management and regulation of turtles and inland fisheries.
(2) In this section, “turtles” includes the eggs of turtles.
PART VIII
AQUACULTURE
Development of aquaculture
39. The Director General may, and in consultation with the State
Authority concerned where it relates to inland fisheries in the
States of Malaysia, promote the development of aquaculture in
Malaysia.
Control of live fish
40. (1) Any person who—

(a) imports into or exports out of Malaysia;
(b) transports from Peninsular Malaysia into the Federal
Territory of Labuan or the State of Sabah or Sarawak;
(c) transports from the Federal Territory of Labuan or the
State of Sabah or Sarawak into Peninsular Malaysia;
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(d) transports from the Federal Territory of Labuan into the
State of Sabah or Sarawak;
(e) transports from the State of Sabah into the Federal Territory
of Labuan or the State of Sarawak; or
(f) transports from the State of Sarawak into the Federal
Territory of Labuan or the State of Sabah,
live fish without a permit or in breach of any condition in a permit

issued by the Director General under this section shall be guilty
of an offence.
(2) The Director General may impose such conditions as he

thinks fit in the permit, including conditions concerning the state
of cleanliness of the fish to be exported, imported or transported
and measures to avoid the spread of communicable fish diseases,
or to avoid or control the release into the natural environment of
non-indigenous species of fish.
PART IX
MARINE PARKS AND MARINE RESERVES
Establishment of marine park or marine reserve
41. (1) The Minister may be order in the Gazette establish any
area or part of an area in Malaysian fisheries waters as a marine
park or marine reserve in order to—
(a) afford special protection to the aquatic flora and fauna
of such area or part thereof and to protect, preserve and
manage the natural breeding grounds and habitat of aquatic
life, with particular regard to species of rare or endangered
flora and fauna;
(b) allow for the natural regeneration of aquatic life in such
area or part thereof where such life has been depleted;
(c) promote scientific study and research in respect of such
area or part thereof;
(d) preserve and enhance the pristine state and productivity
of such area or part thereof;Adam
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Fisheries 37
(e) regulate recreational and other activities in such area or
part thereof to avoid irreversible damage to its environment.
(2) The limits of any area or part of an area established as a

marine park or marine reserve under subsection (1) may be altered
by the Minister by order in the Gazette and such order may also
provide for the area or part of the area to cease to be a marine park
or marine reserve.
Establishment of the National Advisory Council for Marine

Park and Marine Reserve and membership
41A. (1) The Minister may establish the National Advisory Council
for Marine Park and Marine Reserve.
(2) The National Advisory Council for Marine Park and Marine
Reserve shall consist of the following members to be appointed
by the Minister:
(a) the Secretary General of the Ministry of Agriculture;
(b) a representative of the State Government concerned;
(c) a representative of the Ministry charged with the
responsibility for finance;
(d) a representative of the Ministry charged with the
responsibility for science, technology and environment;
(e) a representative of the Fisheries Department;
(f) a representative of the Department of Wildlife and National
Park;
(g) a representative of the Implementation and Coordination
Unit of the Prime Minister’s Department;
(h) a representative of the Malaysia Tourism Promotion Board;
(i) a representative of the Malaysian Society of Marine
Sciences;
(j) a representative of the World Wide Fund for Nature
Malaysia;
(k) a representative of the Malaysian Nature Society; and
(l) any other member to be appointed

Adam from
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Functions of the National Advisory Council for Marine Park
and Marine Reserve
41B. The National Advisory Council for Marine Park and Marine
Reserve shall advise the Minister on any matter relating to a
marine park or marine reserve area in particular—
(a) to determine the guideline for the implementation at the
national level with respect to protection, conservation,
utilization, control, management and progress of the marine
park and marine reserve areas;
(b) to coordinate the development of any area of a marine
park or marine reserve with the Federal Government and
any body corporate; and
(c) to give technical advice to the State Government with
respect to any development project on any island which
is situated in a marine park or marine reserve area.
Powers and responsibility of Director General
42. The Director General shall have the powers of general

supervision and direction and the responsibility of co-ordination
in respect of all matters relating to marine parks and marine reserves
in Malaysian fisheries waters.
Offence to do certain acts without written permission of Director

General
43. (1) Any person who in any marine park or marine reserve
in Malaysian fisheries waters without the permission of the Director
General in writing—
(a) fishes or attempts to fish;
(b) takes, removes or is in possession of any aquatic animal
or aquatic plant or part thereof, whether dead or alive;
(c) collects or is in possession of any coral, dredges or extracts
any sand or gravel, discharges or deposits any pollutant,
alters or destroys the natural breeding grounds or habitat
of aquatic life, or destroys any aquatic life;
(d) constructs or erects any building or other structure on or
over any land or waters within
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& Coor marine
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Fisheries 39
(e) anchors any vessel by dropping any kind of weight on,
or by attaching any kind of rope or chain to, any coral,
rock or other submerged object; or
(f) destroys, defaces or removes any object, whether animate
or inanimate, in a marine park or marine reserve,
(2) Permission to do any of the things referred to in subsection

(1) may be granted by the Director General in writing where it is
necessary for the proper management of the marine park or marine
reserve or pursuant to any of the purposes referred to in section
41.
Absolute prohibition of certain weapons
44. (1) No person shall carry, use or possess within a marine

park or marine reserve in Malaysian fisheries waters—
(a) any spring-gun, spear gun, spearfishing equipment, harpoon
or suction gun; or
(b) any other kind of weapon potentially harmful to any
aquatic plant life, aquatic animal life or to the coral reef
structure.
(2) The use of any weapon referred to in subsection (1) from

beyond the limits of the marine park or marine reserve and aimed
at or directed into the marine park or marine reserve is also prohibited.
Power to make regulations
45. (1) The Minister may make regulations specifically or generally

for the zoning, management, development, control and protection
of marine parks and marine reserves in Malaysian fisheries waters
and for the purposes of this Part.
(2) The Minister may make different regulations under subsection

(1) in respect of different marine parks and marine reserves and
such regulations may provide for the division of the parks and
reserves into zones and may set out the conditions under which
each zone shall be established and maintained.
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PART X
ENFORCEMENT
Powers of authorized officer
46. For the purpose of ensuring compliance with the provisions

of this Act, any authorized officer may where he has reason to
believe that an offence has been committed under this Act, without
a warrant—
(a) stop, board and search any vessel within Malaysian fisheries
waters and make any enquiry, examination and inspection
concerning the voyage and seaworthiness of that vessel,
its crew, equipment or fishing appliance, or fish carried
on board that vessel;
(b) stop, board and search, and inspect any vessel or vehicle
transporting fish, whether within Malaysian fisheries waters
or on land;
(c) require to be produced and examine any fishing appliance
whether within Malaysian fisheries waters or on land;
(d) examine any fishing stakes, fish-aggregation device or
marine culture system within Malaysian fisheries waters;
(e) inspect any licence, permit, record, certificate or any
other document required under this Act or under any
generally accepted international rules and standards, and
make copies of the same.
Powers of entry, seizure and arrest, etc.
47. (1) Any authorized officer may, where he has reason to believe
that an offence has been committed under this Act, without a
warrant—
(a) enter and search any place in which he has reason to
believe that an offence under this Act is about to be or
has been committed;
(b) take samples of any fish found in any vessel or vehicle
inspected under section 46 or any place searched under
paragraph (a);
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Fisheries 41
(c) arrest any person who he has reason to believe has
committed an offence under this Act;
(d) seize any vessel, including its equipment, gear, furniture,
appurtenances, stores and cargo, or any vehicle which he
has reason to believe has been used in the commission
of any offence or in relation to which any offence has
been committed under this Act;
(e) seize any fish which he has reason to believe has been
caught in the commission of an offence under this Act;
(f) seize any explosive, poison, pollutant, apparatus or
prohibited gear which he has reason to believe has been
used, or was in the possession of someone, in contravention
of section 26; or
(g) seize any unlicensed fishing stakes, fishing appliance,
fish-aggregation device or marine culture system.
(2) In effecting any seizure under subsection (1), an authorized

officer may use such force as may be reasonably necessary.
(3) A written acknowledgment shall be given in respect of

anything seized under subsection (1).
Fisheries officer’s power of investigation
47A. (1) Any fisheries officer shall have the power to investigate
the commission of any offence under this Act.
(2) Every person required by a fisheries officer to give information

or produce any document or other article relating to the commission
of such offence which is in the person’s power to give shall be
legally bound to give the information or to produce the document
or other article.
Fisheries officer’s power to require attendance of witnesses
47B. (1) A fisheries officer making an investigation for any offence

under this Act may by order in writing require the attendance
before himself of any person who appears to the officer to be
acquainted with the circumstances of the case, and such person
shall attend as so required.
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(2) If any such person refuses to attend as so required, such
officer may report such refusal to a Magistrate who may thereupon
in his discretion issue a warrant to secure the attendance of such
person as required by such order aforesaid.
(3) A person attending as required under subsection (1) shall

be entitled to be paid reasonable travelling and subsistence expenses
incurred by him and it shall be lawful for the Director General to
pay such expenses.
Examination of witnesses by fisheries officer
47C. (1) A fisheries officer making an investigation under this

Act, may examine orally any person supposed to be acquainted
with the facts and circumstances of the case.
(2) Such person shall be bound to answer all questions relating

to such case put to him by such officer:
Provided that such person may refuse to answer any question

which would have a tendency to expose him to a criminal charge
or penalty or forfeiture.
(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is
made wholly or partly in answer to questions.
(4) A fisheries officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2)
and (3).
(5) A statement made by any person under this section shall

whenever possible be reduced into writing and signed by the person
making it or affixed with his thumb print, as the case may be, after
it has been read to him in the language in which he made it and
after he has been given an opportunity to make any corrections he
may wish.
Procedure where investigation cannot be completed within

twenty-four hours by a fisheries officer
47D. (1) Whenever any person is arrested and detained in custody

by a fisheries officer for an offence under this Act, and it appears
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Fisheries 43
twenty-four hours from the time the person is arrested, any fisheries
officer may produce such person before a Magistrate for the purpose
of subsection (2).
(2) The Magistrate before whom such person is produced under

subsection (1) may, whether he has or has no jurisdiction to try
the case, from time to time authorize the detention of such person
in such custody as such Magistrate thinks fit for a term not exceeding
fifteen days on the whole.
Sale of fish or other article of a perishable nature
48. (1) Any fish or other article of a perishable nature seized

under this Act may, on the direction of the Director General, be
sold and the proceeds of the sale shall be held and dealt with in
accordance with the provisions of this Act.
(2) The Government of Malaysia shall not be liable to any

person for any deterioration, howsoever caused, in the quality of
any fish or other article seized under this Act.
Seizure and forfeiture of vessel, etc.
49. (1) Where any vessel, vehicle, article or thing is seized under
this Act and there is no prosecution in respect thereof, such vessel,
vehicle, article or thing shall be held for a period of one calendar
month from the date of seizure at the end of which period it shall
be deemed to be forfeited, unless a written claim thereto is received
within the aforesaid period.
(2) Where any written claim is received under subsection (1),

it shall be referred by the Director General to the Sessions Court
or to a Court of a Magistrate of the First Class for its decision as
to the disposal of the vessel, vehicle, article or thing, which may,
subject to section 50, be held pending the conclusion of such
proceedings.
(3) The Court concerned shall issue a summons requiring the

claimant and the person, if any, from whom the vessel, vehicle,
article or thing was seized to appear before the Court and upon
the appearance of such claimant or person, or upon his failure so
to do after reasonable notice, the Court shall proceed to examine
the matter and make an order upon the facts proved.
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Temporary return of vessel, etc., seized
50. (1) Where any vessel, vehicle, article or thing is seized under
this Act, the Director General may temporarily return the vessel,
vehicle, article or thing to the owner thereof or to the person from
whose possession, custody or control it was seized, subject to such
terms and conditions (including the suspension of a licence or
permit issued under this Act) as the Director General may impose
and subject, in any case, to sufficient security being furnished to
the satisfaction of the Director General that the vessel, vehicle,
article or thing shall be surrendered to him on demand and that
the said terms and conditions, if any, shall be complied with.
(2) Notwithstanding subsection (1), the security to be furnished

thereunder shall not be less than the aggregate value of the vessel
(including its equipment, furniture, appurtenances, stores, cargo
and fishing appliance), vehicle, article or thing.
(3) Any person who—

(a) fails to surrender on demand to the Director General the
vessel, vehicle, article or thing temporarily returned to
him under subsection (1); or
(b) fails to comply with or contravenes any of the terms or
conditions imposed under subsection (1),
Costs of holding vessel, etc., in custody
51. Where any vessel, vehicle, article or thing is held in the

custody of the Government of Malaysia pending completion of
any proceedings in respect of an offence under this Act, the costs
of holding the vessel, vehicle, article or thing in custody shall, in
the event of any person being found guilty of the offence, be a debt
due to the Government of Malaysia jointly and severally by the
licensee, the permit holder, the owner, and the master of the vessel,
and shall be recoverable accordingly.
Forfeiture and disposal of vessel, etc.
52. (1) Where any person is found guilty of any offence—

Adam11(3),
(a) under paragraph 8(a), subsections Haida15(1)
& Coor section
26; and http://peguam.org
Fisheries 45
(b) for the contravention of any condition of licence relating
to permitted fishing areas under the licence,
the court shall, in addition to any other penalty that may be imposed—
(i) order that the vessel (including its equipment,
furniture, appurtenances, stores, cargo and fishing
appliance), vehicle, article or thing used in the
commission of such offence or in relation to which
such offence has been committed be forfeited; and
(ii) order that any fish caught in the commission of
such offence or the proceeds of the sale of any fish
or other article of a perishable nature referred to in
section 48, and any explosive, poison, pollutant,
apparatus or prohibited gear used or intended to be
used in the commission of such offence be forfeited.
(2) Any vessel (including its equipment, furniture, appurtenances

stores, cargo and fishing appliance), vehicle, article, thing, explosive,
poison, pollutant, apparatus, prohibited gear or fish ordered to be
forfeited under subsection (1) or deemed or ordered to be forfeited
under section 49 shall be disposed of in such manner as the Director
General may think fit and consistent with any scheme for the
limitation of fishing effort.
Obstruction of authorized officer
53. Any person who resists or wilfully obstructs any authorized

officer or fails to comply with any requirement made by any
authorized officer in the exercise of his powers and duties under
this Act shall be guilty of an offence and liable to a fine not
exceeding twenty thousand ringgit.
Authorized officer to declare office
54. Any authorized officer when discharging his functions or

duties or exercising his powers under this Act shall, on demand,
produce to any person against whom he is taking action, such
identification or written authority to show that he is an authorized
officer for the purposes of this Act.
*NOTE—Previously “fifty thousand ringgit”–seeAdam Haida
the Fisheries & Co Act 1993 [Act A854].
(Amendment)
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Bar to actions
55. (1) No action shall be brought against any authorized officer

in respect of anything done or omitted to be done by him in good
faith in the execution or purported execution of his functions,
powers and duties under this Act.
(2) No action shall lie against the Government of Malaysia or

any authorized officer for any damage caused to any vessel (including
its equipment, furniture, appurtenances, stores, cargo and fishing
appliance), vehicle, article or thing seized under this Act unless
there is prima facie evidence of gross negligence.
Presumption
56. (1) Subject to subsection (2), where—

(a) any fish; or
(b) fishing appliance or other equipment for fishing,
is found on board a foreign fishing vessel in Malaysian fisheries

waters, such fish, fishing appliance or equipment, as the case may
be, shall be presumed, unless the contrary is proved—
(i) to have been caught in Malaysian fisheries waters; or
(ii) to have been used for fishing in Malaysian fisheries waters,
respectively without a permit issued under this Act.
(2) A radio call made by a foreign fishing vessel to an authorized

officer before entering Malaysian fisheries waters—
(a) notifying that the vessel is exercising its passage through
Malaysian fisheries waters; and
(b) notifying its proposed route and the quantity of fish on
board,
and showing proof, where such vessel is stopped, boarded and

searched under section 46, that—
(i) the fish on board is held in a sealed hold;
(ii) the fishing appliance or other equipment for catching
fish are properly stowed and Adam
securedHaida
on the&vessel
Co so that
they are not easily availablehttp://peguam.org
for fishing; and
Fisheries 47
(iii) the vessel is travelling through Malaysian fisheries waters
from a point outside such waters to another point outside
such waters by the shortest practicable route,
shall be sufficient to constitute a defence to a prosecution for an

offence under this Act.
PART XI
GENERAL PROVISIONS
Service of documents
57. (1) Where any document is to be served under this Act on

any person, that document may be served—
(a) in any case by delivering a copy thereof personally to the
person to be served;
(b) if the document is to be served on the master of a vessel
or on a person employed on a vessel, by leaving the same
for him on board that vessel with the person who is, or
appears to be, in command or charge of the vessel;
(c) by affixing a copy of the document to any conspicuous
part of his house or of the vessel or vehicle; or
(d) by registered letter addressed to his last place of abode.
(2) A document which is to be served on the master of a vessel

registered in Malaysia or licensed or permitted to fish under this
Act may, if the master cannot be found, be served on the owner
or the manager of the vessel or, if there is no manager, on some
agent of the owner residing in Malaysia or, where no such agent
is known or can be found, by affixing a copy thereof to the mast
of the vessel.
Exemption for certain purposes
58. The Director General may, by order in writing, for the purpose
of research or training or survey on economic feasibility of any
fishing activity, or the proper conservation and management of
fisheries, exempt, subject to such conditions as he may impose,
any vessel or person from all or any of the provisions of this Act.
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Registers of licences and permits
59. Registers showing particulars of the licences and permits issued

under this Act shall be maintained and kept at such place or places
as the Director General shall specify.
Exemptions
60. Nothing in this Act shall apply to the areas defined in the
Schedules to the River Rights Enactment [Cap. 207], or to the area
known as Karang Ayer Leleh and defined in the Schedule to the
Karang Ayer Leleh Enactment [Cap. 220], or shall affect the exclusive
rights of a Ruler to fish within and over the said areas.
Power of Minister to make regulations
61. The Minister may make regulations specifically or generally

for the proper conservation, development and management of
maritime and estuarine fishing and fisheries in Malaysian fisheries
waters and in respect of related industries, for the proper conservation,
development, management and regulation of turtles beyond the
jurisdiction of any State in Malaysia, and for the implementation
of the provisions of this Act, including but not restricted to regulations
for all or any of the following purposes:
(a) to prescribe the rules and procedures in respect of foreign
capital investment and joint venture proposals in fisheries,
including the procedures for effective transfer of technology
and training of Malaysian personnel;
(b) to prescribe the number, nationality and composition of
persons permitted to be employed or carried on fishing
vessels;
(c) to prescribe manning standards for fishing vessels and to
establish boards of examiners to examine candidates in
their proficiency in such standards for certification, in
consultation with the Director General of the Marine
Department;
(d) to establish the conditions to be observed by local and
foreign fishing vessels within Malaysian fisheries waters,
including conditions relating to the stowage of their fishing
appliance when not in use, and to regulate the conduct
of their fishing operations generally;
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Fisheries 49
(e) to provide for the licensing, regulation and management
of any particular fishery;
(f) to establish closed seasons in respect of specified fishery
areas or in respect of specified species of fish, or specified
methods of fishing;
(g) to prescribe limitations on the quantity, size and weight
of fish caught and retained or traded;
(h) to prescribe minimum mesh sizes of nets;
(i) to specify prohibited fishing areas for all fish or certain
species of fish or methods of fishing;
(j) without prejudice to section 45, to regulate activities in
marine parks and marine reserves established under Part
IX;
(k) to proscribe methods of fishing or fishing appliances;
(l) to proscribe any species of fish;
(m) to provide for the licensing of fishing vessels, fishing
stakes, fishing appliances, fish-aggregation devices and
marine culture systems;
(n) to regulate or prohibit the erection, maintenance, working,
repair and lighting of fishing stakes, fish-aggregation
devices and marine culture systems;
(o) to regulate the landing of fish, to provide for the
management and control of fishing ports and fish-landing
areas, and to appoint such agencies as may be required
to effect such management and control;
(p) to prescribe standards for fish feeds;
(q) to prohibit or control the importation and exportation of
live fish, including freshwater fish, and in particular, to
prohibit or control the importation into, or the sale,
cultivation or keeping of live fish or any particular species
of live fish which is not indigenous to any part of Malaysia
or to Malaysian fisheries waters;
(r) to promote and regulate aquaculture in maritime waters;
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(s) to prescribe the conditions and procedures of application
for any authorizations, permits, licences, certificates or
other documents required under this Act, their form and
the amount of fees, deposits and securities payable therefor;
(t) to provide for and improve the collection of statistics and
to require any person engaged in fishing, marketing,
processing or aquaculture to supply such information as
may be required;
(u) to organize and regulate fishing as a sport;
(v) to provide for the powers of authorized officers, fisheries
officers and deputy fisheries officers;
(w) to prescribe penalties for offences;
(x) to provide for the conservation and management of turtles
beyond the jurisdiction of any State in Malaysia;
(y) to prescribe for matters relating to the control and seizure
of local and foreign fishing vessels;
(z) to provide for such other measures as are necessary or
expedient to ensure that foreign fishing vessels are used
for fishing within the exclusive economic zone or for
fishing for sedentary species on the continental shelf
only in accordance with the conditions of their permits;
(aa) to require applicants for authorizations, licences or permits
to execute bonds, make deposits or give other forms of
security for the fulfilment of any obligation under their
authorizations, licences or permits;
(ab) to provide for compensation payable to Malaysian citizens,
the Government of Malaysia or the Government of a
State in Malaysia in the event of any loss or damage
caused by foreign fishing vessels to local fishing vessels,
their fishing appliances or catches, or to cables, pipelines
or other property belonging to Malaysian citizens, the
Government of Malaysia or the Government of a State
in Malaysia;
(ac) to promote, regulate and carry out scientific research;
(ad) to prescribe areas of Malaysian fisheries waters in which
fishing shall be reserved to local fishing vessels and
Malaysian fishermen;
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Fisheries 51
(ae) to prescribe areas in Malaysian fisheries waters through
which unlicensed foreign fishing vessels may pass to
facilitate enforcement of the provisions of this Act and
in such manner as not to deny or impair the passage of
such vessels in accordance with rules of international
law of the sea relating to the relevant maritime regime
applicable to such fisheries waters;
(af) to prescribe regulations for the control of endangered
species of fish;
(ag) to prescribe regulations for the control of movement of
fish within Malaysia;
(ah) to prescribe standards for the quality control of fish or
fish products and methods to effect such standards and
control;
(ai) to prescribe measures for the control of fish diseases;
(aj) to provide for the registration of and issue of appropriate
identification documents to any person, carried or employed
on board any licensed fishing vessel and to prescribe the
fees payable therefor;
(ak) to regulate the registration of local fishing vessels and
the issue of appropriate documentation in respect thereof;
(al) to prescribe or regulate any other matter required to be
prescribed or regulated under this Act.
Repeal
62. The Fisheries Act 1963 [Act 210] is repealed.
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LAWS OF MALAYSIA
Act 317
FISHERIES ACT 1985
LIST OF AMENDMENTS
Amending law Short title In force from
Act A854 Fisheries (Amendment) Act 1993 01-09-1993
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Fisheries 53
LAWS OF MALAYSIA
Act 317
FISHERIES ACT 1985
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Act A854 01-09-1993
8 Act A854 01-09-1993
11 Act A854 01-09-1993
13 Act A854 01-09-1993
14 Act A854 01-09-1993
14A Act A854 01-09-1993
15 Act A854 01-09-1993
16 Act A854 01-09-1993
24 Act A854 01-09-1993
25 Act A854 01-09-1993
31 Act A854 01-09-1993
35 Act A854 01-09-1993
40 Act A854 01-09-1993
41A -41B ACT A854 01-09-1993
47 Act A854 01-09-1993
47A -47D Act A854 01-09-1993
50 Act A854 01-09-1993
52 Act A854 01-09-1993
53 Act A854 01-09-1993

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Section Amending authority In force from
56 Act A854 01-09-1993
58 Act A854 01-09-1993
61 Act A854 01-09-1993
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
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BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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Act 317 Fisheries Act 1985

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Act 317 Fisheries Act 1985

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Fisheries 1

FISHERIES ACT 1985

Adam Haida & Co

FISHERIES ACT 1985

Date of Royal Assent ... ... ... … … 22 May 1985

Date of publication in the Gazette … ... 30 May 1985

First Reprint ... ... ... ... ... 2001

Adam Haida & Co

FISHERIES ACT 1985

6. Preparation of fisheries plans

GENERAL LICENSING PROVISIONS

7. Application of this Part

FOREIGN FISHING VESSELS

15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters

25. Offences under Act

33. Power of court to order cancellation of licence or permit

TURTLES AND INLAND FISHERIES

37. Promotion of development and management of inland fisheries

39. Development of aquaculture

MARINE PARKS AND MARINE RESERVES

41. Establishment of marine park or marine reserve

46. Powers of authorized officer

47A. Fisheries officer’s power of investigation

57. Service of documents

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FISHERIES ACT 1985

An Act relating to fisheries, including the conservation, management

[Except for Part IX in its application

WHEREAS it is expedient to consolidate and amend the written law

AND WHEREAS by Clause (1) of Article 74 of the Federal Constitution

AND W HEREAS by Clause (1)(b) of Article 76 of the Federal

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Short title, application and commencement

Provided that the provisions of this Act insofar as they relate

2. In this Act, unless the context otherwise requires—

“aquaculture” means the propagation of fish seed or the raising

“authorized officer” means the Director General, a Deputy Director

“Director General” means the Director General of Fisheries

“estuarine waters” means the waters of a river extending from

“exclusive economic zone” means the exclusive economic zone

“fish” means any aquatic animal or plant life, sedentary or not,

“fish-aggregation device” means any structure or device of a

“fish seed” means fish egg or larva or post-larva of fish or the

“fisheries officer” means a fisheries officer or deputy fisheries

“fisheries plan” means any of the plans related to fisheries

“fishery” means any one or more stocks of fish which can be

“fishing appliance” includes a fishing net, a fishing trap, and

“fishing stakes” means any device used for fishing which is

“fishing vessel” means any boat, craft, ship or other vessel

“foreign fishing vessel” means any fishing vessel other than a

“inland fisheries” means fisheries in riverine waters;

“inland fisheries officer” means an inland fisheries officer or a

“local fishing vessel” means any fishing vessel—

(b) which is chartered, subchartered, leased or subleased by

“Malaysian fisheries waters” means maritime waters under the

“marine park” or “marine reserve” means any area or part of an

“maritime waters” means areas of the sea adjacent to Malaysia,

“Minister” means the Minister of the Federal Government who

“owner”, in relation to a fishing vessel, means any person or

“person” includes any individual (whether or not a citizen of

“pollutant” means any substance which, if introduced into the

“processing”, in relation to fish, includes cleaning, filleting,

“riverine fishing” means fishing in riverine waters;

“riverine waters” means the waters of any rivers, lakes, streams,